Author Archives: Tom Egan

Where a defendant who has been indicted on child pornography charges has moved for discovery concerning Network Investigative Technique software used by the FBI, the information sought is not material and is subject to a qualified law enforcement privilege. “Defendant ...

Where there was sufficient evidence that the defendant sex offender stayed at his sister’s residence for a few months in Schenectady, New York, there was probable cause to find that he failed to register his change in address within three ...

Where the commonwealth has challenged the validity of two Interim Final Rules (IFRs) issued by the United States Department of Health and Human Services that expand the religious exemption to the contraceptive mandate of the Affordable Care Act and create ...

Where a plaintiff brought suit for invasion of privacy after a portion of her telephone conversation with an IRS agent was broadcast on the defendants’ radio show, the defendants are entitled to dismissal, as the plaintiff has not plausibly alleged ...

Where an application for Social Security disability benefits was denied, a remand is necessary because the administrative law judge’s residual functional capacity and step 5 determinations were not supported by substantial evidence. “… Although the ALJ determined that Claimant could ...

Where a plaintiff has brought suit against the defendant town of Erving and three codefendant members of the Erving Board of Selectmen, alleging that he was terminated from his position as Environmental Supervisor/Pretreatment Coordinator because of his age and/or disability, ...

Where the commonwealth illegally obtained cellular site location information that led to the discovery of cocaine and cash during a warrantless search of the defendant’s apartment, (1) the defendant has standing to challenge the search of a cellphone that was ...

Where the plaintiff, who resides in Kansas, brought suit against the defendant insurance companies after her disability benefits were denied, her suit should be transferred based on the convenience of the parties and the non-party witnesses. “ … It is ...

Where a plaintiff sought to set aside a 2005 judgment in favor of a defendant in an underlying product liability suit, an order denying that request must be upheld despite the plaintiff’s claim of fraud on the court. “First, [plaintiff ...

Where a defendant has been charged with possession of a sawed-off shotgun, the jury should not be instructed that the government must prove that the defendant knew that the weapon was operable. “On March 7, 2018, the court noted that ...